Zoneomics Logo
search icon

Newberry Township York County
City Zoning Code

ARTICLE II

Designated Growth Area

§ 380-15 Open Space (OS).

A. 
Purpose. The purpose of this zoning district is to ensure that the Valley Green Golf Course continues to be the focal point of Newberry Township's primary growth area. The golf course adds not only to the character of Newberry Township, but also to the local community that surrounds it. The Open Space District ensures the focal point of the local community and Township is protected from development, thereby protecting the character of the neighborhood and protecting the existing open space that is so integral to the Township.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2] 
Forestry [§ 380-59A(23)].
[3] 
Nature preserve and wildlife sanctuary.
[4] 
Other similar conservation uses.
(2) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Bikeways.
[2] 
Common open space.
[3] 
Educational or scientific use not involving buildings or structures.
[4] 
Essential services, provided they are installed underground.
[5] 
Hiking or nature trails, open space and greenways.
[6] 
Municipal uses.
[7] 
Picnic areas.
[8] 
Parks and passive recreational areas not involving structures.
(3) 
Commercial uses.
(a) 
Permitted by conditional use.
[1] 
Golf courses. [§ 380-59A(25)]
(4) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Accessory uses customarily incidental to the above uses.
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Use Design Standard
All Nonagricultural and Forestry Uses with Both Utilities (Public Water and Public Sewer), or Only Public Sewer
All Nonagricultural and Forestry Uses with Only Public Water, or No Utilities (No Public Water and No Public Sewer)
Accessory Uses and Structures
Minimum lot area
20,000 square feet
65,340 square feet
Minimum lot width at building setback line
70 feet
100 feet
Maximum height
35 feet
25 feet1
Maximum lot coverage
25%
15%
Minimum setbacks
Front
35 feet
50 feet
Side
10 feet
25 feet for 1 side and 200 feet for other side2
10 feet
Rear
35 feet
6 feet
NOTES:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
2
225 feet total both sides
D. 
All uses subject to general provisions. All uses permitted within this zoning district shall also comply with all applicable general provisions contained within Article V of this chapter.

§ 380-16 Residential Holding (RH).

A. 
Purpose. The purpose of this zoning district is to complement the Residential Growth area without allowing the mix of residential dwellings at this time. The area of this district represents the secondary residential growth district in the Township, and until such a time when the Residential Growth and Village Residential areas are completely built out, the single-family detached dwelling will be the only permitted dwelling type in the district. This district represents a significant portion of the proposed growth area to be serviced by public water and public sewerage. The preservation of the Township's natural features is a high priority and these sensitive features should be protected.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2] 
Forestry [§ 380-59A(23)].
(2) 
Residential uses.
(a) 
Permitted by right.
[1] 
Group homes.
[2] 
Single-family detached dwellings.
(3) 
Institutional uses.
(a) 
Permitted by special exception.
[1] 
Places of worship [§ 380-59A(45)].
(4) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Essential services [§ 380-59A(20)].
[2] 
Municipal uses.
[3] 
Parks and playgrounds.
(5) 
Commercial uses.
(a) 
Permitted by special exception.
[1] 
Greenhouses and nurseries [§ 380-59A(26)].
(6) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Uses customarily incidental to the above permitted uses.
[2] 
Day care, accessory.
[3] 
Farm occupations [§ 380-59A(21)].
[4] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Bed-and-breakfast inns [§ 380-59A(8)].
[2] 
Day care, family [§ 380-59A(17)].
[3] 
ECHO housing [§ 380-59A(19)].
[4] 
Home occupations [§ 380-59A(30)].
[5] 
Noncommercial keeping of livestock [§ 380-59A(41)].
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Use
Design Standard
All Nonagricultural and Forestry Uses with Both Utilities (Public Water and Public Sewer), or Only Public Sewer
All Nonagricultural and Forestry Uses with Only Public Water, or No Utilities (No Public Water and No Public Sewer)
Accessory Uses and Structures
Minimum lot area
20,000 square feet
65,340 square feet
Minimum lot width
At building setback line
70 feet
At street right-of-way line
300 feet
Maximum height
35 feet
35 feet
25 feet1
Maximum lot coverage
35%
15%
Minimum Setbacks
Front
35 feet
35 feet
100 feet4
Side
10 feet
25 feet for 1 side and 200 feet for other side2, 3
10 feet
Rear
35 feet
35 feet
6 feet
NOTES:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
2
225 feet both sides.
3
For single-family detached dwellings existing as of December 20, 1992, the minimum side yard setbacks shall be 25 feet on each side.
4
No accessory building or structure, except for permitted signs, shall be located within the front yard, unless the accessory building or structures is set back at least 100 feet from the street right-of-way line.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or a fenced enclosure equipped with a self-latching door or gate.
F. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
G. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
(c) 
Section 380-33, Conservation Subdivision Design Overlay District (residential development only).
H. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-49, Buffering.
(f) 
Section 380-50, Landscaping.
(g) 
Section 380-51, Screening.
(h) 
Section 380-52, Outdoor signs.
(i) 
Section 380-55, Operations and performance standards.

§ 380-17 Suburban Residential (SR).

A. 
Purpose. The purpose of this zoning district is to account for existing suburban-style development that has been identified by the Township's Act 537[1] plan to receive public sewerage service within the identified growth area. The only exception is the Conewago Heights Development, which is outside of the proposed growth area; however, a sanitary sewage collection system has already been designed for this development. Infill development would be the most common form of new growth in this district. This district is not considered an integral component of the Township's growth management plan as these areas are isolated throughout the Township. The natural features protection theme should be carried through into this district; however, large scale open space areas may be difficult to achieve due to the developed nature of this district.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2] 
Forestry [§ 380-59A(23)].
(2) 
Residential uses.
(a) 
Permitted by right.
[1] 
Group homes.
[2] 
Single-family detached dwellings.
(3) 
Institutional uses.
(a) 
Permitted by special exception.
[1] 
Places of worship [§ 380-59A(45)].
(4) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Essential services [§ 380-59A(20)].
[2] 
Municipal uses.
[3] 
Parks and playgrounds.
(b) 
Permitted by special exception.
[1] 
Schools [§ 380-59A(56)]:
[a] 
Public.
[b] 
Private.
(5) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Uses customarily incidental to the above permitted uses.
[2] 
Day care, accessory.
[3] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Day care, family [§ 380-59A(17)].
[2] 
Home occupations [§ 380-59A(30)].
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
All Nonagricultural and Forestry Uses with Both Utilities (Public Water and Public Sewer), or Only Public Sewer
All Nonagricultural and Forestry Uses with Only Public Water, or No Utilities (No Public Water and No Public Sewer)
Accessory Uses
Minimum lot area
20,000 square feet
65,340 square feet
Minimum lot width
At building setback line
70 feet
At street right-of-way line
300 feet
Maximum height
35 feet
25 feet1
Maximum lot coverage
40%
15%
Minimum setbacks
Front
35 feet
100 feet4
Side
10 feet
25 feet for 1 side and 200 feet for other side2, 3
10 feet
Rear
35 feet
6 feet
NOTES:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
2
225 feet total both sides
3
For single-family detached dwellings existing as of December 20, 1992, the minimum side yard setbacks shall be 25 feet on each side.
4
No accessory building or structure, except for permitted signs, shall be located within the front yard, unless the accessory building or structures is set back at least 100 feet from the street right-of-way line.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within masonry or fenced enclosure equipped with a self-latching door or gate.
F. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
G. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
(c) 
Section 380-33, Conservation Subdivision Design Overlay District (residential development only).
H. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions.
(a) 
In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(b) 
Section 380-37, Accessory uses and structures.
(c) 
Section 380-38, Unenclosed storage.
(d) 
Section 380-44, Required vehicular access.
(e) 
Section 380-47, Parking requirements.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.

§ 380-18 Residential Growth (RG).

A. 
Purpose. The purpose of this zoning district is to encourage residential growth in an area of the Township that is developed with a mix of single-family and multifamily dwellings supported by public water and public sewerage facilities, and represents the primary residential district in the Township. Public water and public sewerage shall service all major development in this district, and open space design should be incorporated into all new development to preserve the existing environmental features. The preservation of the Township's natural features is a high priority and these sensitive features should be protected. The development activity in this classification is unique in that the central feature of this area is the Valley Green Golf Course.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Residential uses.
(a) 
Permitted by right.
[1] 
Group homes.
[2] 
Single-family attached dwellings.
[3] 
Single-family detached dwellings.
[4] 
Single-family semidetached dwellings.
[5] 
Two-family dwellings.
(b) 
Permitted by special exception.
[1] 
Multifamily dwelling [§ 380-59A(18)].
(3) 
Institutional uses.
(a) 
Permitted by special exception.
[1] 
Places of worship [§ 380-59A(45)].
(4) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Essential services [§ 380-59A(20)].
[2] 
Municipal uses.
[3] 
Parks and playgrounds.
(b) 
Permitted by special exception.
[1] 
Schools [§ 380-59A(56)]:
[a] 
Private.
[b] 
Public.
(5) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Uses customarily incidental to the above permitted uses.
[2] 
Day care, accessory.
[3] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Day care, family [§ 380-59A(17)].
[2] 
Home occupations [§ 380-59A(30)].
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
[Amended 9-27-2016 by Ord. No. 394]
Use
Design Standard
Single-Family Detached Dwelling
Single-Family Semidetached Dwelling
Two-Family Dwelling
Single-Family Attached Dwelling
Accessory Uses
Minimum lot area
15,000 square feet
7,500 square feet
25,000 square feet
3,200 square feet
Minimum lot width at building setback line
80 feet
50 feet
100 feet
20 feet
Maximum height
35 feet
40 feet
25 feet1
Maximum Lot Coverage
40%
50%
55%
65%
Minimum Setbacks
Front
30 feet
15 feet
15 feet
15 feet
Not permitted in front yard.
Side
10 feet
0 feet between attached structures, 5 feet between end units
5 feet
0 feet between attached structures, 5 feet between end units
10 feet
Rear
30 feet
15 feet
15 feet
15 feet
6 feet
NOTE:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within masonry or fenced enclosure equipped with a self-latching door or gate.
F. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
G. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
(c) 
Section 380-33, Conservation Subdivision Design Overlay District (residential development only).
H. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-49, Buffering.
(f) 
Section 380-50, Landscaping.
(g) 
Section 380-51, Screening.
(h) 
Section 380-52, Outdoor signs.
(i) 
Section 380-55, Operations and performance standards.

§ 380-19 Mobile Home Park (MHP).

A. 
Purpose. The purpose of this zoning district acknowledges the numerous mobile home park sites within the Township and protects their continued existence. Because of complexities of mobile home park design, they will be regulated via the conditional use process. Should landowners wish to eliminate mobile home parks on a particular site, single-family residential development would be permitted, based upon the availability of public sewer and public water utilities.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Residential uses.
(a) 
Permitted by right.
[1] 
Group homes.
[2] 
Single-family detached dwellings.
(b) 
Permitted by conditional use.
[1] 
Mobile home parks [§ 380-59A(39)].
(3) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Essential services [§ 380-59A(20)].
[2] 
Municipal uses.
[3] 
Parks and playgrounds.
(b) 
Permitted by special exception.
[1] 
Public uses.
(4) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Uses customarily incidental to the above permitted uses.
[2] 
Day care, accessory.
[3] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Day care, family [§ 380-59A(17)].
[2] 
Home occupations [§ 380-59A(30)].
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
All Nonagricultural and Forestry Uses with Both Utilities (Public Water and Public Sewer), or Only Public Sewer
All Nonagricultural and Forestry Uses with Only Public Water, or No Utilities (No Public Water and No Public Sewer)
Accessory Uses
Minimum lot area
15,000 square feet
43,560 square feet
Minimum lot width at building setback line
70 feet
280 feet
Maximum height
35 feet
35 feet
25 feet1
Maximum lot coverage
50%
20%
Minimum setbacks
Front
40 feet
40 feet
Not permitted in front yard
Side
15 feet
25 feet for 1 side and 140 feet for other side2
10 feet
Rear
35 feet
50 feet
6 feet
NOTES:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
2
165 feet both sides
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within masonry or fenced enclosure equipped with a self-latching door or gate.
F. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
G. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
H. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-49, Buffering.
(f) 
Section 380-50, Landscaping.
(g) 
Section 380-51, Screening.
(h) 
Section 380-52, Outdoor signs.
(i) 
Section 380-55, Operations and performance standards.

§ 380-20 Village (V).

A. 
Purpose. The Municipalities Planning Code[1] defines "village" as "an unincorporated settlement that is part of a township where residential and mixed use densities of one unit to the acre or more exist or are permitted and commercial, industrial or institutional uses exist or are permitted." The purpose of this classification is to provide basic convenience goods and services to local residents. The geographic region of the Village classification has been increased significantly to provide an opportunity for the area to develop cohesively in a small town character. The Village of Newberrytown and the area around Newberry Commons are the focal center point of the Village area. The area adjoining Newberry Commons contains a mixture of developed and undeveloped land. This area will provide an opportunity for high quality village design, as provided for in the Pennsylvania Municipalities Planning Code as a traditional town neighborhood, which can incorporate senior citizen housing, small scale commercial/office uses, and a mix of residential uses, including multifamily.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
(b) 
Forestry [§ 380-59A(23)].
(2) 
Residential uses.
[Amended 9-27-2016 by Ord. No. 394]
(a) 
Permitted by right.
[1] 
Group homes.
[2] 
Single-family attached dwellings.
[3] 
Single-family detached dwellings.
[4] 
Single-family semidetached dwellings.
[5] 
Two-family dwellings.
(b) 
Permitted by special exception.
[1] 
Multifamily dwellings [§ 380-59A(18)].
[2] 
Two-family conversions [§ 380-59A(61)].
(c) 
Permitted by conditional use.
[1] 
Single-family attached dwellings with conservation subdivision design [§ 380-59A(59)].
[2] 
Single-family semidetached dwellings with conservation subdivision design [§ 380-59A(59)].
(3) 
Institutional uses.
(a) 
Permitted by special exception.
[1] 
Hospitals [§ 380-59A(31)].
[2] 
Nursing, rest or retirement homes [§ 380-59A(42)].
[3] 
Place of worship and related uses [§ 380-59A(45)].
[4] 
Private clubs [§ 380-59A(46)].
(4) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Parks and playgrounds.
[5] 
Theater and auditorium.
(b) 
Permitted by special exception.
[1] 
Public uses.
[2] 
Schools [§ 380-59A(56)]:
[a] 
Private.
[b] 
Public.
(5) 
Commercial uses.
(a) 
Permitted by right.
[1] 
Banks and similar financial institutions.
[2] 
Convenience stores.
[3] 
Farmers markets [§ 380-59A(22)].
[4] 
Flea markets [§ 380-59A(22)].
[5] 
Health and fitness clubs [§ 380-59A(27)]
[6] 
Hotels.
[7] 
Medical or dental clinics [§ 380-59A(37)].
[8] 
Offices.
[9] 
Repair shops for products permitted to be manufactured in the zone.
[10] 
Restaurants [§ 380-59A(50)] (excluding drive-through and fast food facilities).
[11] 
Retail sales.
[12] 
Retail services.
[13] 
Veterinarian's offices.
(b) 
Permitted by special exception.
[1] 
Automobile filling stations [§ 380-59A(6)].
[2] 
Automobile service [§ 380-59A(7)].
[3] 
Boardinghouses [§ 380-59A(10)].
[4] 
Car washes [§ 380-59A(13)].
[5] 
Commercial day care.
[6] 
Funeral homes [§ 380-59A(24)].
[7] 
Indoor commercial recreation facilities [§ 380-59A(32)].
(c) 
Permitted by conditional use:
[1] 
Shopping centers [§ 380-59A(58)].
[2] 
Taverns [§ 380-59A(40)].
(6) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Accessory uses customarily incidental to the above uses.
[2] 
Cafes.
[3] 
Day care, accessory.
[4] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Bed-and-breakfast inns [§ 380-59A(8)].
[2] 
Day care, family [§ 380-59A(17)]
[3] 
Home occupations [§ 380-59A(30)].
C. 
Number of uses permitted. In this district, there may be any number of the uses permitted in this zoning district permitted within each existing building on December 20, 1992, provided that building size and floor area remain the same as it was on December 20, 1992. For new buildings, only one principal use is permitted. For existing buildings that are enlarged, the number of uses permitted per building shall be the same number (at least one) that occupied the building on December 20, 1992. Except in the case of new buildings, one conversion apartment shall be permitted in addition to the other uses provided on the site.
D. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
(1) 
Nonresidential dimensional requirements.
Design Standard
Both Utilities (Public Water and Public Sewer), or Only Public Sewer
Minimum lot area
10,000 square feet
Minimum lot width at building setback line
70 feet
Maximum height
35 feet
Maximum lot coverage
60%
Minimum setbacks
Front
35 feet
Side
15 feet
Rear
20 feet
(2) 
Nonresidential uses. The gross floor area for any new detached building shall not exceed 5,000 square feet of gross floor area of a one-story building, or a total aggregate gross floor area of 9,000 square feet for a two-story or three-story building. The floor area of a building existing at the effective date of adoption of this chapter may be used for the following uses, provided that the character of the building is maintained, there are not exterior modifications to the building, and if eligible for the National Register, any improvements shall meet the Secretary of the Interior's Standards for Rehabilitation. Additions to existing buildings shall be permitted, provided that the gross floor area does not exceed 5,000 square feet for a one-story building or a total aggregate gross floor area of 9,000 square feet for a two- or three-story building.
(3) 
Residential dimensional requirements.
[Added 9-27-2016 by Ord. No. 394]
Design Standard
Use
Single-Family Detached Dwelling
Single-Family Semidetached Dwelling
Two-Family Dwelling
Single Family Attached Dwelling
Accessory Uses
Minimum lot area
15,000 square feet
7,500 square feet
25,000 square feet
3,200 square feet
Minimum lot width at building setback line
80 feet
50 feet
100 feet
20 feet
Maximum height
35 feet
40 feet
25 feet1
Maximum lot coverage
40%
50%
55%
65%
Minimum setbacks
Front
15 feet
15 feet
Not permitted in front yard.
Side
5 feet
0 feet between attached structures, 5 feet between end units
5 feet
0 feet between attached structures, 5 feet between end units
10 feet
Rear
15 feet
6 feet
NOTE:
1
Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks.
E. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
F. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
G. 
Outdoor storage. Within this zoning district, no outdoor storage or display shall be permitted.
H. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
I. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
J. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.
K. 
Design features/bonus incentives. Because of this zoning district's intended purpose, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features
Bonus Incentive
Coordinated vehicular access between 2 or more adjoining land uses that make use of only 1 shared access drive onto adjoining roads
A 10% increase in the maximum lot coverage for each use
Coordinated off-street parking between 2 or more adjoining land uses that share a single access drive; such parking lots shall be arranged to provide ready access to all properties
Waiver of 1 side yard setback requirement as it applies to the off-street parking lot, and 15% reduction in the number for parking spaces required for all uses
Coordinated off-street loading between 2 adjoining land uses sharing a single access drive that provides ready access to 1 or more loading spaces serving both uses
Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading space(s); in addition, 1 side yard setback may also be waived, as it applies to off-street loading
Coordinated signage with 2 or more uses sharing only 1 freestanding sign
A 5% increase in the maximum permitted lot coverage and a 15% increase in the maximum permitted size of any attached signs

§ 380-21 Mixed Use Commerce (MU).

A. 
Purpose. The Mixed Use Commerce Zoning District is designed to promote a compatible combination of light industrial, professional and commercial uses in an environment where such uses can complement each other and the surrounding environs. It is also the intent of this district to limit the adverse effect of the permitted and conditional uses on the existing transportation network and ensure compatibility with the surrounding zoning districts. Attractive buildings and inoffensive processes characterize such uses. The Mixed Use Commerce District is intended to discourage and minimize air and water pollution, noise, glare, heat, vibration, fire and safety hazards and other detriments to the human and natural environment. Public water and public sewerage is required to serve the development.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Institutional uses.
(a) 
Permitted by right.
[1] 
Hospital [§ 380-59A(31)].
[2] 
Nursing, rest or retirement homes [§ 380-59A(42)].
[3] 
Place of worship and related uses [§ 380-59A(45)].
[4] 
Private clubs [§ 380-59A(46)].
(3) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Parks and playgrounds.
[5] 
Public uses.
[6] 
Vocational/mechanical trade school [§ 380-59A(57)].
[7] 
Theater and auditorium.
(4) 
Commercial uses.
(a) 
Permitted by right.
Agricultural support businesses
Animal hospitals [§ 380-59A(5)]
Automobile filling stations [§ 380-59A(6)]
Automobile sales
Automobile services [§ 380-59A(7)]
Banks and similar financial institutions
Car wash [§ 380-59A(13)]
Convenience stores
Commercial day care [§ 380-59A(16)]
Farmers markets [§ 380-59A(22)]
Flea markets [§ 380-59A(22)]
Funeral homes [§ 380-59A(24)]
Greenhouses and nurseries[§ 380-59A(26)]
Health and fitness clubs [§ 380-59A(27)]
Hotels
Indoor commercial recreation facilities [§ 380-59A(32)]
Laboratories for medical, scientific, or industrial research and development [§ 380-59A(36)]
Medical or dental clinics [§ 380-59A(37)]
Mini warehouses [§ 380-59A(38)]
Motels
Offices
Repair shops for products permitted to be manufactured in this zone
Restaurants [§ 380-59A(50)]:
Drive-through facilities [§ 380-59A(51)]
Fast food facilities [§ 380-59A(52)]
Retail sales
Retail services
Schools:
1)
Commercial
Veterinarian offices
(b) 
Permitted by conditional use:
[1] 
Billboards [§ 380-59A(9)].
[2] 
Communication antennas, towers, and equipment [§ 380-59A(15)].
[3] 
Nightclubs [§ 380-59A(40)].
[4] 
Outdoor commercial recreation facilities [§ 380-59A(44)].
[5] 
Shopping centers [§ 380-59A(58)].
[6] 
Tavern [§ 380-59A(40)].
(5) 
Industrial uses.
(a) 
Permitted by right.
[1] 
Light industrial uses, including the manufacturing, assembling, converting, finishing, processing, packaging, storage, wholesaling and repair (where applicable) of the following:
[a] 
Agricultural, food and kindred products, but excluding:
[i] 
Breweries and distilleries.
[ii] 
Pickling processes.
[iii] 
Rendering or slaughtering operations.
[iv] 
Sugar refineries.
[b] 
Furniture and fixtures.
[c] 
Printing, publishing and allied industries.
[d] 
Pharmaceuticals, toiletries, medicinal, drug and biological products.
[e] 
Textile mill and apparel products.
[f] 
Professional, scientific and controlling instruments and equipment.
[g] 
Photographic and optical goods.
[h] 
Fabricated metal products and metalworking.
[i] 
Woodworking, cabinets and handicraft products.
[j] 
Electronic and small parts assembly and repair, including small household appliances.
[k] 
Machinery and equipment.
[l] 
Beverage bottling, packaging products in the form of a powder or other dry state.
[m] 
Plastics molding.
[n] 
Tool and die.
[o] 
Sales, storage and/or wholesaling of the following:
[i] 
Home and auto-related fuels.
[ii] 
Nursery and garden materials and stock.
[iii] 
Contractor supplies.
[iv] 
Home improvement.
[v] 
Plumbing, heating, air conditioning, electrical and other structural components of buildings.
[2] 
Warehousing and wholesale trade establishments [§ 380-59A(62)].[1]
[Added 11-24-2015 by Ord. No. 390]
[1]
Editor's Note: Original Sec. 207.0E.2, Permitted by Conditional Use, which immediately followed this subsection, was repealed 11-24-2015 by Ord. No. 390.
(6) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Accessory uses customarily incidental to the above uses.
[2] 
Cafes.
[3] 
No-impact home occupations.
(b) 
Permitted by special exception.
[1] 
Home occupations [§ 380-59A(30)].
(c) 
Permitted by conditional use.
[1] 
Helicopter pads [§ 380-59A(4)].
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
Both Utilities (Public Water and Public Sewer), or Only Public Sewer
Minimum lot area
43,560 square feet
Minimum lot width at building setback line
200 feet
Maximum height
35 feet1 & 2
Maximum lot coverage
65%
Minimum setbacks
Front
35 feet
Side
25 feet
Rear
25 feet
NOTES:
1
Except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.
2
Maximum building height may be increased to 65 feet as long as for every additional one foot of height increase that the setback from the property lines is increased by two feet for all setback lines.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer in pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
F. 
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas comply with all of those setbacks and buffering requirements specifically imposed thereon, listed in this chapter.
G. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
H. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
I. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-48, Off-street loading facilities.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.

§ 380-22 Commerce Center (CC).

A. 
Purpose. The purpose of this zoning district is to account for existing development patterns and encourage commerce activity that is centrally located in the Township. This unique zoning district will increase the accessibility of commercial services to residents of the Township located on the west side of Interstate 83, and will help reduce the need to navigate the Newberrytown interchange area for basic services. Activity within this district would consist of the full range of commercial uses and limited industrial uses. Extension of public water and public sewerage would be encouraged to maximize the development potential of the district; therefore, the Commerce Center is considered part of the primary growth area. In addition, the Commerce Center area will increase the amount of land available for nonresidential development, thereby increasing the Township's tax revenue and local employment opportunities.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Institutional uses.
(a) 
Permitted by right.
[1] 
Nursing, rest or retirement homes [§ 380-59A(42)].
[2] 
Place of worship and related uses [§ 380-59A(45)].
[3] 
Private clubs [§ 380-59A(46)].
(3) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Parks and playgrounds.
[5] 
Public uses.
[6] 
Vocational/mechanical trade school [§ 380-59A(57)].
[7] 
Theater and auditorium.
(4) 
Commercial uses.
(a) 
Permitted by right.
Agricultural support businesses
Animal hospitals [§ 380-59A(5)]
Automobile filling stations [§ 380-59A(6)]
Automobile services [§ 380-59A(7)]
Banks and similar financial institutions
Car wash [§ 380-59A(13)]
Convenience stores
Commercial day care [§ 380-59A(16)]
Farmers markets [§ 380-59A(22)]
Greenhouses and nurseries [§ 380-59A(26)]
Health and fitness clubs [§ 380-59A(27)]
Laboratories for medical, scientific, or industrial research and development [§ 380-59A(36)]
Medical or dental clinics [§ 380-59A(37)]
Mini-warehouses [§ 380-59A(38)]
Offices
Repair shops for products permitted to be manufactured in this zone
Restaurants [§ 380-59A(50)]:
Drive-through facilities [§ 380-59A(51)]
Fast food facilities [§ 380-59A(52)]
Retail sales
Retail services
Veterinarian offices
(b) 
Permitted by conditional use:
[1] 
Communication antennas, towers, and equipment [§ 380-59A(15)]
(5) 
Industrial uses.
(a) 
Permitted by right.
[1] 
Light industrial uses, including the manufacturing, assembling, converting, finishing, processing, packaging, storage, wholesaling and repair (where applicable) of the following:
[a] 
Agricultural, food and kindred products but excluding:
[i] 
Breweries and distilleries.
[ii] 
Pickling processes.
[iii] 
Rendering or slaughtering operations.
[iv] 
Sugar refineries.
[b] 
Furniture and fixtures.
[c] 
Printing, publishing and allied industries.
[d] 
Pharmaceuticals, toiletries, medicinal, drug and biological products.
[e] 
Textile mill and apparel products.
[f] 
Professional, scientific and controlling instruments and equipment.
[g] 
Photographic and optical goods.
[h] 
Fabricated metal products and metalworking.
[i] 
Woodworking, cabinets and handicraft products.
[j] 
Electronic and small parts assembly and repair, including small household appliances.
[k] 
Machinery and equipment.
[l] 
Beverage bottling, packaging products in the form of a powder or other dry state.
[m] 
Plastics molding.
[n] 
Tool and die.
[o] 
Sales, storage and/or wholesaling of the following:
[i] 
Home and auto-related fuels.
[ii] 
Nursery and garden materials and stock.
[iii] 
Contractor supplies.
[iv] 
Home improvement.
[v] 
Plumbing, heating, air conditioning, electrical and other structural components of buildings.
(6) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Accessory uses customarily incidental to the above uses.
[2] 
Cafes.
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
Both Utilities (Public Water and Public Sewer), or Only Public Sewer
Minimum lot area
43,560 square feet
Minimum lot width at building setback line
200 feet
Maximum height
35 feet1, 2
Maximum lot coverage
65%
Minimum setbacks
Front
35 feet
Side
25 feet
Rear
25 feet
NOTES:
1
Except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.
2
Maximum building height may be increased to 65 feet as long as for every additional one foot of height increase that the setback from the property lines is increased by two feet for all setback lines.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
F. 
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas comply with all of those setbacks and buffering requirements specifically imposed thereon, listed in this chapter.
G. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
H. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section 380-32, Floodplain Protection Overlay District.
I. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-48, Off-street loading facilities.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.

§ 380-23 Regional Commercial/Office (RCO).

A. 
Purpose. The purpose of this classification is to provide a suitable location for businesses that rely on a regional market for customers. Uses that would be permitted include a wide range of retail, light industrial and office uses. The area designated for this classification has premium vehicular access and exposure from Interstate 83.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Institutional uses.
(a) 
Permitted by right.
[1] 
Hospital [§ 380-59A(31)].
[2] 
Nursing, rest or retirement homes [§ 380-59A(42)].
[3] 
Place of worship and related uses [§ 380-59A(45)].
[4] 
Private clubs [§ 380-59A(46)].
(3) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Public uses.
[5] 
School:
[a] 
Vocational/mechanical trade [§ 380-59A(57)].
[6] 
Theater and auditorium.
(4) 
Commercial uses.
(a) 
Permitted by right.
Agricultural support businesses
Animal hospitals [§ 380-59A(5)]
Automobile filling stations [§ 380-59A(6)]
Automobile sales
Automobile services [§ 380-59A(7)]
Banks and similar financial institutions
Cafes
Car wash [§ 380-59A(13)]
Convenience stores
Commercial day care [§ 380-59A(16)]
Farmers markets [§ 380-59A(22)]
Flea markets [§ 380-59A(22)]
Funeral homes [§ 380-59A(24)]
Greenhouses and nurseries [§ 380-59A(26)]
Health and fitness clubs [§ 380-59A(27)]
Hotels
Indoor commercial recreational facilities [§ 380-59A(32)]
Laboratories for medical, scientific, or industrial research and development [§ 380-59A(36)]
Medical or dental clinics [§ 380-59A(37)]
Motels
Offices
Repair shops for products permitted to be manufactured in this zone
Restaurants [§ 380-59A(50)]
Drive-through facilities [§ 380-59A(51)]
Fast food facilities [§ 380-59A(52)]
Retail sales
Retail services
School:
Commercial
Veterinarian offices
(b) 
Permitted by conditional use.
[1] 
Billboards [§ 380-59A(9)].
[2] 
Business park [§ 380-59A(11)].
[3] 
Communication antennas, towers, and equipment [§ 380-59A(15)].
[4] 
Nightclubs [§ 380-59A(40)].
[5] 
Off-track betting parlors [§ 380-59A(43)].
[6] 
Outdoor commercial recreational facilities [§ 380-59A(44)].
[7] 
Shopping centers [§ 380-59A(58)].
[8] 
Taverns [§ 380-59A(40)].
(5) 
Industrial uses.
(a) 
Permitted by right.
[1] 
Laboratories for medical, scientific, or industrial research and development.[1]
[1]
Editor's Note: Original Sec. 209.2.E.1.b, regarding light industrial uses, which immediately followed this subsection, was repealed 8-10-2021 by Ord. No. 416.
(6) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Accessory uses customarily incidental to the above uses.
(b) 
Permitted by conditional use.
[1] 
Helicopter pads [§ 380-59A(4)].
C. 
Design standards. Except as otherwise notes, all principal uses shall comply with the following:
Design Standard
Both Utilities (Public Water and Public Sewer), or Only Public Sewer
Minimum lot area
15,000 square feet
Minimum lot width at building setback line
150 feet
Maximum height
35 feet1 & 2
Maximum lot coverage
60%3
Minimum setbacks
Front
35 feet
Side
15 feet
Rear
20 feet
NOTE:
1
Except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.
2
Maximum building height may be increased to 65 feet as long as for every additional one foot to height increased that the setback from the property lines is increased by two feet for all setback lines.
3
Lot coverage can be increased subject to the requirements of § 380-59A(64).
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer in pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining road and/or properties. All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a split-faced masonry enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
F. 
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas comply with all of those setbacks and buffering requirements specifically imposed thereon, listed in this chapter. The outdoor storage of areas for automobile, boat, motorcycles, farm machinery and recreational vehicle sales need not be screened from adjoining roads.
G. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
H. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section 380-32, Floodplain Protection Overlay District.
I. 
All uses subject to general and supplemental provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-48, Off-street loading facilities.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.

§ 380-24 Light Industrial (LI).

A. 
Purpose. The purpose of the Light Industrial area is to provide a location for the introduction of small-scale and light industries and/or professional offices to provide local employment. The future development pattern of this classification is intended for the continuation, modification, and infill of small-scale, nonobtrusive industrial operations, services, and professional offices. Generally, these uses should create and sustain a distinct light industrial character that differs from the heavier industries and high traffic generating commercial areas.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Forestry [§ 380-59A(23)].
(2) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Public uses.
[5] 
School:
[a] 
Vocational/mechanical trade school [§ 380-59A(57)].
(3) 
Commercial uses.
(a) 
Permitted by right.
[1] 
Agricultural support businesses.
[2] 
Laboratories for medical, scientific, or industrial research and development [§ 380-59A(36)].
[3] 
Mini-warehouses [§ 380-59A(38)].
[4] 
Offices.
[5] 
Repair shops for products permitted to be manufactured in this zone.
[6] 
School:
[a] 
Commercial.
(b) 
Permitted by special exception.
[1] 
Business park [§ 380-59A(11)].
(c) 
Permitted by conditional use.
[1] 
Airport, heliport [§ 380-59A(4)].
[2] 
Billboards [§ 380-59A(9)].
[3] 
Communication antennas, towers, and equipment [§ 380-59A(15)].
(4) 
Industrial uses.
(a) 
Permitted by right.
[1] 
Laboratories for medical, scientific, or industrial research and development.
[2] 
Light industrial uses, including the manufacturing, assembling, converting, finishing, processing, packaging, storage, wholesaling and repair (where applicable) of the following:
[a] 
Agricultural, food and kindred products but excluding:
[i] 
Breweries and distilleries.
[ii] 
Pickling processes.
[iii] 
Rendering or slaughtering operations.
[iv] 
Sugar refineries.
[b] 
Furniture and fixtures.
[c] 
Printing, publishing and allied industries.
[d] 
Pharmaceuticals, toiletries, medicinal, drug and biological products.
[e] 
Textile mill and apparel products.
[f] 
Professional, scientific and controlling instruments and equipment.
[g] 
Photographic and optical goods.
[h] 
Fabricated metal products and metalworking.
[i] 
Woodworking, cabinets and handicraft products.
[j] 
Electronic and small parts assembly and repair, including small household appliances.
[k] 
Machinery and equipment.
[l] 
Beverage bottling, packaging products in the form of a powder or other dry state.
[m] 
Plastics molding.
[n] 
Tool and die.
[o] 
Sales, storage and/or wholesaling of the following:
[i] 
Home and auto-related fuels.
[ii] 
Nursery and garden materials and stock.
[iii] 
Contractor supplies.
[iv] 
Home improvement.
[v] 
Plumbing, heating, air conditioning, electrical and other structural components of buildings.
[p] 
Waste handling facilities.
(5) 
Accessory uses.
(a) 
Permitted by right.
[1] 
Uses customarily incidental to the above permitted uses.
C. 
Design standards.
Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
Buildings/Structures
Minimum lot area
15,000 square feet
Minimum lot width at building setback line
100 feet
Maximum height
35 feet1 & 2
Maximum lot coverage
70%
Minimum setbacks
Front
35 feet
Side
25 feet
Rear
25 feet
NOTES:
1
Except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.
2
Maximum building height may be increased to 65 feet as long as for every additional one foot of height increase the setback from the property lines is increased by two feet for all setback lines.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at least 25 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
F. 
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas are screened from adjoining roads and properties and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage of areas for automobile, boat, motorcycles, farm machinery and recreational vehicle sales need not be screened from adjoining roads.
G. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
H. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section § 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section § 380-32, Floodplain Protection Overlay District.
I. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-48, Off-street loading facilities.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.

§ 380-25 General Industrial (I).

A. 
Purpose. The purpose of the classification is to concentrate large-scale industrial operations in one area that will have the least amount of impact on the community's quality of life and highway infrastructure. The area has convenient access to major arterial roadways and expressways which is vitally important to the success of industrial operations.
B. 
Uses.
(1) 
Agricultural and forestry uses.
(a) 
Permitted by right.
[1] 
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2] 
Forestry [§ 380-59A(23)].
(2) 
Public/semipublic uses.
(a) 
Permitted by right.
[1] 
Emergency services.
[2] 
Essential services [§ 380-59A(20)].
[3] 
Municipal uses.
[4] 
Public uses.
[5] 
School:
[a] 
Vocational/mechanical trade school.
(3) 
Commercial uses.
(a) 
Permitted by right.
[1] 
Agricultural support businesses.
[2] 
Mini-warehouses [§ 380-59A(38)].
[3] 
Offices.
[4] 
Repair shops for products permitted to be manufactured in this zone.
(b) 
Permitted by special exception.
[1] 
Business park [§ 380-59A(11)].
(c) 
Permitted by conditional use.
[1] 
Airport, heliport [§ 380-59A(4)].
[2] 
Billboards [§ 380-59A(9)].
[3] 
Communication antennas, towers, and equipment [§ 380-59A(15)].
[4] 
Adult-related uses [§ 380-59A(2)].
(4) 
Industrial uses.
(a) 
Permitted by right.
[1] 
Laboratories for medical, scientific, or industrial research and development.
[2] 
Heavy equipment sales, washing, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery [§ 380-59A(28)].
[3] 
Light industrial uses, including the manufacturing, assembling, converting, finishing, processing, packaging, storage, wholesaling and/or repair of the following:
[a] 
Agricultural, food and kindred products but excluding:
[i] 
Breweries and distilleries.
[ii] 
Pickling processes.
[iii] 
Rendering or slaughtering operations.
[iv] 
Sugar refineries.
[4] 
Furniture and fixtures.
[5] 
Printing, publishing and allied industries.
[6] 
Pharmaceuticals, toiletries, medicinal, drug and biological products.
[7] 
Textile mill and apparel products.
[8] 
Professional, scientific and controlling instruments and equipment.
[9] 
Photographic and optical goods.
[10] 
Fabricated metal products and metalworking.
[11] 
Woodworking, cabinets and handicraft products.
[12] 
Electronic and small parts assembly and repair, including small household appliances.
[13] 
Machinery and equipment.
[14] 
Beverage bottling, packaging products in the form of a powder or other dry state.
[15] 
Plastics molding.
[16] 
Tool and die.
[17] 
Sales, storage and/or wholesaling of the following:
[a] 
Automobiles, trucks, buses and other heavy equipment.
[b] 
Home and auto-related fuels.
[c] 
Nursery and garden materials and stock.
[d] 
Contractor supplies.
[e] 
Plumbing, heating, air conditioning, electrical and other structural components of buildings.
[18] 
Heavy industrial uses including the primary production of the following products from raw materials [§ 380-59A(29)]:
[a] 
Asphalt, cement, charcoal and fuel briquettes.
[b] 
Chemicals, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural of an explosive nature), potash, plastic materials and synthetic resins, pyroxylin, rayon, and hydrochloric, nitric, phosphoric, picric and sulfuric acids.
[c] 
Coal, coke, and tar products, including gas manufacturing.
[d] 
Explosives, fertilizers, gelatin, glue and animal size.
[e] 
Linoleum and oil cloth.
[f] 
Matches, paint, varnishes and turpentine.
[g] 
Rubber (natural or synthetic), soaps (including fat rendering).
[h] 
Starch.
[19] 
And the following processes:
[a] 
Magnesium foundry.
[b] 
Reduction, refinishing.
[c] 
Smelting and alloying of metal or metal ores.
[d] 
Refining secondary aluminum.
[e] 
Refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil, distillation of wood or bones.
[20] 
Automobile wrecking.
[21] 
Junkyard [§ 380-59A(34)].
[22] 
Mini-warehouse [§ 380-59A(38)].
[23] 
Recycling facilities for paper, plastic, glass and metal products [§ 380-59A(49)].
[24] 
Sawmills and lumberyards [§ 380-59A(55)].
[25] 
Solid waste processing, transfer or disposal facilities [§ 380-59A(60)].
[26] 
Warehousing and wholesale trade establishments [§ 380-59A(62)].
[27] 
Wholesale sales and auctions of automobiles, trucks, buses, and other heavy equipment [§ 380-59A(63)].
(5) 
Accessory uses. Retail sales of products produced on-site, so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.
C. 
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard
Buildings/Structures
Minimum lot area
43,560 square feet
Minimum lot width at building setback line
200 feet
Maximum height
35 feet1, 2
Maximum lot coverage
70%
Minimum setbacks
Front
50 feet
Side
30 feet
Rear
35 feet
NOTES:
1
Except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.
2
Maximum building height may be increased to 65 feet as long as for every additional one foot of height increase that the setback from the property lines is increased by two feet for all setback lines.
D. 
Water and sewer facilities required. All principal, nonagricultural and nonforestry uses or developments within this zoning district shall be served by public water and public sewer in pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not meeting the requirements of this section and §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, such uses and developments shall be permitted only by conditional use and in accordance with the requirements listed in § 380-53 of this chapter.
E. 
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back at least 25 feet from all lot lines and 75 feet from any adjoining property used for an existing residential use or in a residential zoning district, and be completely enclosed within a masonry or framed enclosure with a self-latching door or gate. All dumpsters shall comply with § 380-38E of this chapter.
F. 
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas are screened from adjoining roads and properties and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage of areas for automobile, boat, motorcycles, farm machinery and recreational vehicle sales need not be screened from adjoining roads.
G. 
Vegetation setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural purposes.
H. 
All uses subject to overlay zoning districts.
(1) 
Overlay districts. If located within or affected by the following overlay districts, development or uses shall meet the requirements of Article IV in accordance with:
(a) 
Section § 380-31, Sensitive Environmental Features Overlay District.
(b) 
Section § 380-32, Floodplain Protection Overlay District.
I. 
All uses subject to general and supplementary provisions.
(1) 
General and supplementary provisions. In addition to other applicable sections of Article V, General and Supplementary Provisions, all development or uses permitted within this zoning district shall also comply with:
(a) 
Section 380-37, Accessory uses and structures.
(b) 
Section 380-38, Unenclosed storage.
(c) 
Section 380-44, Required vehicular access.
(d) 
Section 380-47, Parking requirements.
(e) 
Section 380-48, Off-street loading facilities.
(f) 
Section 380-49, Buffering.
(g) 
Section 380-50, Landscaping.
(h) 
Section 380-51, Screening.
(i) 
Section 380-52, Outdoor signs.
(j) 
Section 380-55, Operations and performance standards.